Thursday, October 16, 2008

Denied for Disability with Pancreatitis

The individual that the following article focuses on, unfortunately, has experienced a very common fate, one that hundreds of thousands of applicants for social security disability and SSI disability are subjected to each year.

Mr. Solender, a nurse by trade, developed pancreatitis (I saw many pancreatitis cases while I was a disability examiner, but I never realized how serious the condition could be until someone I know actually slipped into a coma and died as a result of pancreatitis). He decided to apply for disability and was denied. Then he filed his request for reconsideration and was denied again.

Luckily, he was at some point approved for disability. The article linked below seems to indicate that he may have actually filed a second new application instead of appealing the denial on his first claim. It also indicates that when this application for disability was denied, he appealed.

The article could be incorrect, but if Mr. Solender made the mistake of filing a new claim (and starting over) versus appealing the denial of his first disability application, well, I wouldn't be surprised. I have seen hundreds and hundreds of claimants do exactly the same thing.

Let me state unequivocally that if you get denied for disability, your preferred course of action will be to file an appeal, not start all over from scratch with a new disability claim.

The article doesn't state whether or not Mr. Solender went to a hearing with a disability judge, but since he apparently had representation, I would think this was the case.

Here's some interesting trivia from the article: the average wait for a disability hearing at the Minneapolis hearing office is 570 days. That timeframe has increased by forty days since spring, but it still is nowhere near as bad as the two year wait that some individuals in various parts of the country must endure (but don't get me wrong---570 days is absolutely ridiculous).

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